IQBAL HASAN RIZVI Vs. ASSTT DIRECTOR OF EDUCATION HIGHER EDUCATION U P DEGREE EDUCATION ANUBHAG U P ALLAHABAD

JUDGEMENT

(1.) V. M. Sahai, J. The father of the petitioner Syed Nazir Hasan Rizvi who was in service of the Institute and was head clerk died in harness on 20-8-90. The petitioner his son who was dependent on him claimed appointment under Dying in Harness Rules in Class III post. The Direc tor of Higher Education, U. P. , Allahabad by order dated 19-4-91 directed the Prin cipal/manager, Allahabad Agriculture In stitute, Allahabad (in brief Institute) to appoint the petitioner as junior clerk in the vacancy caused due to promotion of another clerk as head clerk on the post which fell vacant due to death of his father. In compliance to the order of the Director an appointment letter was issued on 20-4-91. The petitioner joined the duties on same day. After nearly eight months the Assistant Director of Education issued a letter on 10- 12-9l|to the Principal of the Institute on the subject of promotion and pay fixation of the employees. In this latter it was mentioned at item number 15 that the petitioner be. appointed as library Parichar in the vacancy of Sri S. D. Welton. The post of library. Parichar is a Class IV post. This order dated 10-12-91 passed by respondent No. 1 is under challenge in the instant writ petition. No counter-affidavit has been filed by the respondent Nos. 1 and 3. In the counter-affidavit filed by the Institute it is not denied that the petitioner was entitled and eligible to be appointed as junior clerk. It) is stated that the In stitute is not in a position to state as to why the order dated 10112-91 was passed as the then Principal has retired. As regards salary the affidavit: states that the Institute was helpless since the salary of the employees is the responsibility of the Dis trict Inspector of Schools and he released the salary of library Parichar only.

(2.) I have heard Shri C. B. Yadav Coun sel of the petitioner and Shri J. Nagar appearing for respondent Nos. 2 and 4 and Shri S. N. Srivastava Standing Counsel ap pearing for the respondent Nos. land 3.

(3.) IN the result the writ petition suc ceeds and allowed. The order dated 10-12-1991 passed by respondent No. 1 An nexure IV to the writ petition is quashed so far as the petitioner is concerned. The respondents are directed to continue the petitioner as junior clerk on a Class III post and pay his salary and the petitioner shall also be paid the difference of arrears of salary alongwith 12% interest which shall be released by the respondent No. 1 for payment to the petitioner with in a period of two months from the date of production of a certified copy of this order before him. The petitioner shall be en titled to his costs. Petition allowed. .